Henderson v Cooke [2002] EWCA Civ 1557 (21 October 2002)

Henderson v Cooke [2002] EWCA Civ 1557 (21 October 2002)

The appellant's excessive speed and failure to take reasonable precautions were substantially causative of the accident, and the trial judge's equal apportionment of blame was justified and unassailable on appeal.

Citation
[2002] EWCA Civ 1557
Parties
Claimant/appellant: John Henderson; Defendant/respondent: Jonathan Cooke
Jurisdiction
England and Wales
Judgment Date
21 October 2002
Procedural Posture
Civil Appeal / Appeal From County Court Judgment
Outcome
Appeal dismissed
Legal Topics
Negligence, Apportionment of Liability, Road Traffic Accident
Tort Law Personal Injury Negligence Apportionment of Liability Road Traffic Accident

Case Brief

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Parties

John Henderson

Claimant/appellant

Jonathan Cooke

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether the trial judge erred in apportioning equal blame for a road traffic accident between the claimant and defendant
  2. 2 Whether the claimant's speed was causative of the accident
  3. 3 Whether the respondent failed to observe the claimant as required

Ratio Decidendi

The appellant's excessive speed and failure to take reasonable precautions were substantially causative of the accident, and the trial judge's equal apportionment of blame was justified and unassailable on appeal.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs on the standard basis in favour of the respondent